Gentlemen of the Jury: 陪审团的先生们:
As in the case of my co-defendant, Alexander Berkman, this is also the first time in my life I have ever addressed a jury. I once had occasion to speak to three judges. 如同我的共同被告亚历山大·伯克曼的案子一样,这也是我一生中第一次向陪审团发表讲话。我曾经有机会向三位法官发言。
On the day after our arrest it was give out by the U. S. Marshal and the District Attorney's office that the "big fish" of the No-Conscription activities had been caught, and that there would be no more trouble-makers and disturbers to interfere with the highly democratic effort of the Government to conscript its young manhood for the European slaughter. 在我们被捕的第二天,美国执法官和地区检察官办公室就传出消息说,征兵抵制活动的"大鱼"已经落网,不会再有更多捣乱分子和滋事者来干扰政府为欧洲屠杀征召其青年男子的高度民主的努力。
What a pity that the faithful servants of the Government, personified in the U. S. Marsha land the District Attorney, should have used such a weak and flimsy net for their big catch. The moment the anglers pulled their heavily laden net ashore, it broke, and all the labor was so much wasted energy. 令人遗憾的是,政府忠实的公仆——美国执法官和地区检察官——竟然使用了这样一张薄弱而简陋的网来捕捉他们的大鱼。钓鱼者把满载的网拉上岸的那一刻,网就破了,所有的辛劳都是白费力气。
The methods employed by Marshal McCarthy and his hosts of heroic warriors were sensational enough to satisfy the famous circus men, Barnum & Baily. A dozen or more heroes dashing up two flights of stairs, prepared to stake their lives for their country, only to discover the two dangerous disturbers and trouble-makers Alexander Berkman and Emma Goldman, in their separate offices, quietly at work at their desks, wielding not a sword, nor a gun or a bomb, but merely their pens! Verily, it required courage to catch such big fish. 麦卡锡执法官和他那群英勇的斗士所采用的方法足以满足著名的马戏团老板巴纳姆和贝利。十几个或更多的英雄冲上两层楼梯,准备为国家牺牲生命,却只发现两个危险的捣乱分子和滋事者——亚历山大·伯克曼和爱玛·高德曼——在他们各自的办公室里,静静地在办公桌前工作,挥舞的不是剑、枪或炸弹,而仅仅是他们的笔!诚然,要抓住这样的大鱼确实需要勇气。
To be sure, tow officers equipped with a warrant would have sufficed to carry out the business of arresting the defendants Alexander Berkman and Emma Goldman. Even the police know that neither of them is in the habit of running away or hiding under the bed. But the farce-comedy had to be properly staged if the Marshal and the District Attorney were to earn immortality. Hence the sensational arrest; hence, also, the raid upon the offices of THE BLAST, MOTHER EARTH and the No-Conscription League. 当然,两名携带逮捕令的警官就足以执行逮捕被告亚历山大·伯克曼和爱玛·高德曼的任务。甚至连警察都知道,他们两人都不是那种会逃跑或躲在床底下的人。但是,如果执法官和地区检察官要想获得不朽的名声,这出滑稽喜剧就必须被适当安排。因此才有了耸人听闻的逮捕;因此也才有了对《爆破》、《大地》和征兵抵制联盟办公室的搜查。
In their zeal to save the country from the trouble-makers, the Marshal and his helpers did not even consider it necessary to produce a search warrant. After all, what matters a mere scrap of paper when one is called upon to raid the offices of Anarchists! Of what consequence is the sanctity of property, the right of privacy, to officials in their dealings with Anarchists! In our day of military training for battle, and Anarchist office is an appropriate camping ground. 在他们拯救国家免受捣乱分子侵害的热情中,执法官和他的助手们甚至没有认为有必要出示搜查令。毕竟,当一个人被要求搜查无政府主义者的办公室时,一张小小的纸片算什么!对官员来说,在与无政府主义者打交道时,财产的神圣性和隐私权又算得了什么!在我们这个为战斗进行军事训练的时代,无政府主义者的办公室是一个合适的露营地。
Would the gentlemen who came with Marshal McCarthy have dared to go into the offices of Morgan, of Rockefeller, or of any of those men without a search warrant? They never showed us the search warrant, although we asked them for it. Nevertheless, they turned our office into a battlefield, so that when they were through with it, it looked like invaded Belgium, with the only difference that the invaders were not Prussian barbarians but good American patriots bent on making New York safe for democracy. 那些跟随麦卡锡执法官的人,敢不敢在没有搜查令的情况下进入摩根、洛克菲勒或任何那些人的办公室呢?他们从未向我们出示搜查令,尽管我们要求他们出示。尽管如此,他们还是把我们的办公室变成了一个战场,所以当他们完成时,它看起来就像被侵略的比利时,唯一的区别是侵略者不是普鲁士的野蛮人,而是善良的美国爱国者,他们立志要让纽约为民主而安全。
The stage having been appropriately set for the three-act comedy, and the first act successfully played by carrying off the villains in a madly dashing automobile -- which broke every traffic regulation and barely escaped crushing every one in its way--the second act proved even more ludicrous. 三幕喜剧的舞台已经适当搭建好,第一幕通过把罪犯们用疯狂飞驰的汽车带走——这辆汽车违反了每一项交通规则,差点在路上压死每一个人——成功上演后,第二幕变得更加滑稽。
Fifty thousand dollars bail was demanded, and real estate refused when offered by a man whose property is rated at three hundred thousand dollars, and that after the District Attorney had considered and, in fact, promised to accept the property for one of the defendants, Alexander Berkman, thus breaking every right guaranteed even to the most heinous criminal. 要求五万美元的保释金,当一个财产估价为三十万美元的人提出以房地产作为保释时又被拒绝,而且这是在地区检察官已经考虑过并事实上承诺接受该房地产作为其中一名被告亚历山大·伯克曼的保释之后,从而打破了即使是最凶残的罪犯也享有的每一项权利。
Finally the third act, played by the Government in this court during the last week. The pity of it is that the prosecution knows so little of dramatic construction, else it would have equipped itself with better dramatic material to sustain the continuity of the play. As it was, the third act fell flat, utterly, and presents the question, Why such a tempest in a teapot? 最后是政府在本周期间在本庭上演的第三幕。遗憾的是,控方对戏剧结构知之甚少,否则他们会用更好的戏剧性材料来支撑这出戏的连续性。事实上,第三幕彻底失败了,提出了这样一个问题:为什么要小题大做?
Gentlemen of the jury, my comrade and co-defendant having carefully and thoroughly gone into the evidence presented by the prosecution, and having demonstrated its entire failure to prove the charge of conspiracy or any overt acts to carry out that conspiracy, I shall not impose upon your patience by going over the same ground, except to emphasize a few points. 陪审团的先生们,既然我的同志和共同被告已经仔细而彻底地研究了控方提出的证据,并证明其完全未能证明阴谋的指控或任何执行该阴谋的公开行为,我就不再占用你们的耐心重复同样的内容,除了强调几点之外。
To charge people with having conspired to do something which they have been engaged in doing most of their lives, namely their campaign against war, militarism and conscription as contrary to the best interests of humanity, is an insult to human intelligence. 指控人们密谋去做一件他们一生中一直在做的事情——即他们反对战争、军国主义和征兵的运动,因为这些违背了人类的最大利益——是对人类智慧的侮辱。
And how was that charge proven? By the fact that MOTHER EARTH and THE BLAST were printed by the same printer and bound in the same bindery. By the further evidence that the same expressman had delivered to two publications! An by the still more illuminating fact that on June 2nd MOTHER EARTH and THE BLAST were given to a reporter at his request, if your please, and gratis. 那这项指控是如何证明的呢?是通过《大地》和《爆破》由同一家印刷厂印刷、在同一家装订厂装订的事实。是通过同一位快递员递送了两份出版物的进一步证据!还是通过6月2日《大地》和《爆破》应一名记者的要求、免费提供给他这一更有启发性的事实?
Gentlemen of the jury, you saw the reporter who testified to this overt act. Did any one of you receive the impression that the man was of conscriptable age, and if not in what possible way is the giving of MOTHER EARTH to a report for news purposes proof demonstrating the overt act? 陪审团的先生们,你们看到了作证说这一公开行为的那位记者。你们中有没有人得到这样的印象:这个人是适龄应征入伍的,如果不是,那么把《大地》提供给记者用于新闻报道怎么能证明公开行为呢?
It was brought out by our witnesses that the MOTHER EARTH magazine has been published for twelve years; that it was never held up, and that it has always gone through the U. S. mail as second-class mail matter. It was further proven that the magazine appeared each month about the first or second, and that it was sold or given away at the office to whoever wanted a copy. Where, then, is the overt act? 我们的证人已经证明,《大地》杂志已经出版了十二年;它从未被扣留,并且始终通过美国作为二类邮件寄送。还进一步证明,该杂志每月在大约第一或第二期出版,并且在办公室出售或赠送给任何想要一份的人。那么,公开行为在哪里呢?
Just as the prosecution has utterly failed to prove the charge of conspiracy, so has it also failed to prove the overt act by the flimsy testimony that MOTHER EARTH was given to a reporter. The same holds good regarding THE BLAST. 正如控方完全未能证明阴谋指控一样,它也未能通过《大地》被提供给记者这一脆弱的证词证明公开行为。关于《爆破》也是如此。
Gentlemen of the jury, the District Attorney must have learned from the reporters the gist of the numerous interviews which they had with us. Why did he not examine them as to whether or not we had counseled young men not to register? That would have been a more direct way of getting at the facts. 陪审团的先生们,地区检察官一定从记者那里了解到了他们与我们多次采访的要点。他为什么不询问他们我们是否曾劝说年轻人不要登记呢?那将是获取事实的更直接的方式。
In the case of the reporter from the New York Times, there can be no doubt that the man would have been only too happy to accommodate the District Attorney with the required information. A man who disregards every principle of decency and ethics of his profession as a newspaper man, by turning material given him as news over to the District Attorney, would have been glad to oblige a friend. 在《纽约时报》记者的案子中,毫无疑问,这个人会非常乐意迎合地区检察官以获得所需的信息。一个无视他作为新闻记者职业的每一条正派和伦理准则,把作为新闻提供给他的材料转交给地区检察官的人,会很高兴地帮朋友一个忙。
Why did Mr. Content neglect such a golden opportunity? Was it no because the reporter of the Times, like all the other reporters, must have told the District Attorney that the two defendants stated, on each and every occasion, they would not tell people not to register? 为什么康特先生忽略了这样一个黄金机会?是不是因为《时报》的记者,像所有其他记者一样,一定已经告诉地区检察官,两位被告在每一次场合都声明,他们不会告诉人们不要登记?
Perhaps the Times reporter refused to go to the extent of perjuring himself. Patrolmen and detectives are not so timid in such matters. Hence Mr. Randolph and Mr. Cadell, to rescue the situation. Imagine employing tenth-rate stenographers to report the very important speeches of dangerous trouble-makers! What lack of forethought and efficiency on the part of the District Attorney! 也许《时报》的记者拒绝走伪证的极端地步。警察和侦探在这类事情上不那么胆小。因此兰多夫先生和卡德尔先生被请来挽救局面。想象一下,雇佣三流速记员来报道危险的捣乱分子的非常重要的演讲!地区检察官在远见和效率方面是多么缺乏啊!
But even these two members of the police department failed to prove by their notes that we advised people not to register. But since they had to produce something incriminating against Anarchists, they conveniently resorted to the old standby, always credited to us, "We believe in violence and we will use violence." 但是即使这两位警察部门的成员也没能通过他们的笔记证明我们建议人们不要登记。但由于他们必须拿出一些针对无政府主义者的罪证,他们方便地诉诸于那些总是归咎于我们的老论调:"我们相信暴力,我们将使用暴力。"
Assuming, gentlemen of the jury, that his sentence was really used at the meeting of May 18th, it would still fail to prove the indictment which charges conspiracy and overt acts to carry out the conspiracy. And that is all we are charged with. Not violence, not Anarchism. 假设陪审团的先生们,这句话确实在5月18日的会议上被使用过,它仍然不能证明起诉书所指控的阴谋和执行阴谋的公开行为。而那就是我们被指控的全部内容。不是暴力,不是无政府主义。
I will go further and say, that had the indictment been for the advocacy of violence, you gentlemen of the jury, would still have to render a verdict of "Not Guilty," since the mere belief in a thing or even the announcement that you would carry out that belief, can not possibly constitute a crime. 我还要进一步说,假如起诉书是因为宣扬暴力,陪审团的先生们,你们仍然必须作出"无罪"的裁决,因为仅仅相信一件事,甚至宣布你将实现这种信念,不可能构成犯罪。
However, I wish to say emphatically that no such expression as "We believe in violence and we will use violence" was uttered at the meeting of May 18th, or at any other meeting. I could not have employed such a phrase, as there was no occasion for it. If for no other reason, it is because I want my lectures and speeches to be coherent and logical. The sentence credited to me is neither. 但是,我想郑重声明,从未有过诸如"我们相信暴力,我们将使用暴力"这样的表述在5月18日的会议上或在任何其他会议上被说出。我不可能使用这样的短语,因为没有场合需要它。如果没有其他原因,那就是因为我希望我的讲座和演讲是连贯和合乎逻辑的。归咎于我的那句话既不连贯也不合逻辑。
I have read to you my position toward political violence from a lengthy essay called "The Psychology of Political Violence." 我已经向你们宣读了我在一篇题为《政治暴力心理学》的长文中关于政治暴力的立场。
But to make that a position clearer and simpler, I wish to say that I am a social student. It is my mission in life to ascertain the cause of our social evils and of our social difficulties. As a student of social wrongs it is my aim to diagnose a wrong. 但为了使这个立场更清楚、更简单,我想说,我是一个社会研究者。我的人生使命是查明我们社会弊病和社会困难的原因。作为一个研究社会不公的人,我的目标是诊断一个错误。
To simply condemn the man who has committed an act of political violence, in order to save my skin, would be as unpardonable as it would be on the part of the physician, who is called to diagnose a case, to condemn the patient because the patient has tuberculosis, caner, or some other disease. 仅仅谴责那个犯下政治暴力行为的人,为了保全自己的皮肤,就像一个被叫来诊断病例的医生因为病人患有肺结核、癌症或其他疾病而谴责病人一样不可饶恕。
The honest, earnest, sincere physician does not only prescribe medicine, he tries to find out the cause of the disease. And if the patient is at all capable as to means, the doctor will say to him, "Get out of this putrid air, get out of the factory, get out of the place where your lungs are being infected." He will not merely give him medicine. He will tell him the cause of the disease. 诚实、认真、真诚的医生不仅仅是开药方,他还试图找出疾病的原因。如果病人在经济上有能力,医生会对他说:"离开这腐臭的空气,离开工厂,离开那个让你肺部感染的地方。"他不会仅仅给他开药。他会告诉他疾病的原因。
And that is precisely my position in regard to acts of violence. That is what I have said on every platform. I have attempted to explain the cause and the reason for acts of political violence. 这正是我对暴力行为的立场。这就是我在每个讲台上所说的。我试图解释政治暴力行为的原因和动机。
It is organized violence on top which creates individual violence at the bottom. It is the accumulated indignation against organized wrong, organized crime, organized injustice which drives the political offender to his act. To condemn him means to be blind to the causes which make him. 是顶层的有组织暴力造成了底层的个人暴力。是针对有组织的不公、有组织的犯罪、有组织的不义的累积愤慨驱使政治罪犯做出他的行为。谴责他意味着对造成他的原因视而不见。
I can no more do it, nor have I the right to, than the physician who were to condemn the patient for his disease. You and I and all of us who remain indifferent to the crimes of poverty, of war, of human degradation, are equally responsible for the act committed by the political offender. 我不能也不会这样做,正如医生不能谴责病人的疾病一样。你和我以及我们所有对贫困、战争和人类堕落的罪行保持冷漠的人,都同样要对政治罪犯的行为负责。
May I therefore be permitted to say, in the words of a great teacher: "He who is without sin among you, let him cast the first stone." Does that mean advocating violence? You might as well accuse Jesus of advocating prostitution, because He took the part of the prostitute, Mary Magdalene. 因此,请允许我用一位伟大导师的话说:"你们中间谁是没有罪的,谁就先拿石头打他。"这意味着宣扬暴力吗?你不妨指责耶稣宣扬卖淫,因为他支持了抹大拉的马利亚。
Gentlemen of the jury, the meeting of the 18th of May was called primarily for the purpose of voicing the position of the conscientious objector and to point out the evils of conscription. Now, who and what is the conscientious objector? Is he really a shirker, a slacker, or a coward? 陪审团的先生们,5月18日的会议主要是为了表达出于良心拒服兵役者的立场,并指出征兵制的弊端而召开的。那么,谁是出于良心拒服兵役者呢?他真的是一个逃避者、逃兵或懦夫吗?
To call him that is to be guilty of dense ignorance of the forces which impel men and women to stand out against the whole world like a glittering lone star upon a dark horizon. The conscientious objector is impelled by what President Wilson in his speech of Feb. 3, 1917, called "the righteous passion for justice upon which all war, all structure of family, State and of mankind must rest as the ultimate base of our existence or our liberty." 称他为逃避者、逃兵或懦夫,就是对推动男人和女人像黑暗地平线上一颗闪耀的孤星那样抵制整个世界的力量的深刻无知。出于良心拒服兵役者受到威尔逊总统在1917年2月3日的演讲中所说的"正义的激情"所驱使,"这种正义的激情是一切战争、一切家庭、国家和人类结构赖以存在的最终基础,是我们存在和自由的最终基础。"
The righteous passion for justice which can never express itself in human slaughter -- that is the force which makes the conscientious objector. Poor indeed is the country which fails to recognize the importance of that new type of humanity as the "ultimate base of our existence and liberty." It will find itself barren of that which makes for character and quality in its people. 这种永远不能通过人类屠杀来表达的对正义的热情——那就是造就出于良心拒服兵役者的力量。一个不能承认这种新型人类作为"我们存在和自由的最终基础"的重要性的国家是可悲的。它会发现自己缺乏那些塑造人民品格和素质的东西。
The meeting of May 18th was held before the Draft Bill had actually gone into effect. The President signed it late in the evening of the 18th. Whatever was said at the meeting, even if I had counseled young men not to register, that meeting cannot serve as proof of an overt act. 5月18日的会议是在征兵法案实际生效之前举行的。总统在18日晚间签署了该法案。无论会议上说了什么,即使我曾劝说年轻人不要登记,那次会议也不能作为公开行为的证据。
Why, then, has the Prosecuting Attorney dwelt so much, at such length, and with such pains on that meeting, and so little on the other meetings held on the eve of registration and after? Is it not because the District Attorney knew that we had no stenographic notes of that meeting? 那么,为什么公诉人在那次会议上花了这么多时间、这么长、这么多心思,而对登记前夕和之后举行的其他会议却关注甚少呢?是不是因为地区检察官知道我们没有那次会议的速记记录?
He knew it because he was approached by Mr. Weinberger and other friends for a copy of the transcript, which request he refused. Evidently, the District Attorney felt safe to use the notes of a patrolman and a detective, knowing that they would swear to anything their superiors wanted. 他知道这一点,因为温伯格先生和其他朋友曾向他索取记录副本,而他拒绝了。显然,地区检察官觉得使用一名巡警和一名侦探的记录是安全的,因为他知道他们会发誓证明他们的上级想要的任何东西。
I never like to accuse anyone -- I wouldn't go so far as my co-defendant, Mr. Berkman, in saying that the District Attorney doctored the document; I don't know whether he did or not. But I do know that Patrolman Randolph and Detective Cadell doctored the notes, for the simple reason that I didn't say those things. 我从来不喜欢指控任何人——我不会像我的共同被告伯克曼先生那样说地区检察官篡改了文件;我不知道他是否这样做了。但我确实知道兰多夫巡警和卡德尔侦探篡改了记录,原因很简单:我没有说那些话。
But though we could not produce our own stenographic notes, we have been able to prove by men and women of unimpeachable character and high intelligence that the notes of Randolph are utterly false. 但尽管我们无法出示自己的速记记录,我们已经能够通过品格无瑕、才智出众的男女证明,兰多夫的记录完全是虚假的。
We have also proven beyond a reasonable doubt, and Mr. Content did not dare question our proof, that at the Hunts' Point Palace, held on the eve or registration, I expressly stated that I cannot and will not tell people not to register. We have further proven that this was my definite stand, which was explained in my statement sent from Springfield and read at the meeting of May 23rd. 我们还已经排除合理怀疑地证明了,康特先生也不敢质疑我们的证明,在登记前夕在亨茨角宫举行的会议上,我明确表示我不能也不会告诉人们不要登记。我们还证明了这是我的明确立场,这在我从斯普林菲尔德发出并在5月23日会议上宣读的声明中已作了解释。
When we go through the entire testimony given on behalf of the prosecution, I insist that there is not one single point to sustain the indictment for conspiracy or to prove the overt acts we are supposed to have committed. 当我们审查控方提出的全部证词时,我坚持认为,没有一个要点能支撑起诉书的阴谋指控或证明我们应该犯的公开行为。
But we were even compelled to bring a man eighty years of age to the witness stand in order to stop, if possible, and intention to drag in the question of German money. It is true, and I appreciate it, that Mr. Content said he had no knowledge of it. 但我们甚至被迫让一位八十岁的老人出庭作证,以尽可能阻止人们扯进德国资金的问题。这是真的,我也很感激,康特先生说他对此一无所知。
But, gentlemen of the jury, somebody from the District Attorney's office or someone from the Marshal's office must have given out the statement that a bank receipt for $2,400 was found in my office and must have told the newspapers the fake story of German money. As if we would ever touch German money, or Russian money, or American money coming from the ruling class, to advance our ideas! 但是,陪审团的先生们,一定是地区检察官办公室或执法官办公室的某个人发出了声明,说在我的办公室发现了一张2400美元的银行收据,并且一定是这个说法告诉了报社关于德国资金的假故事。好像我们会碰德国的钱、俄国的钱或来自统治阶级的美国钱来推进我们的思想似的!
But in order to forestall any suspicion, any insinuation, in order to stand clear before you, we were compelled to bring an old man here to inform you that he has been a radical all his life, that he is interested in our ideas, and that he is the man who contributed the money for radical purposes and for the work of Miss Goldman. 但为了预先阻止任何怀疑、任何暗示,为了在你们面前站得清白,我们被迫让一位老人来这里告诉你们,他一生都是一个激进分子,他对我们的思想感兴趣,他是为激进目的和高德曼小姐的工作捐款的人。
Gentlemen of the jury, you will be told by the Court, I am sure, that when you render a verdict you must be convinced beyond a reasonable doubt; that you must not assume that we are guilty before we are proven guilty; and that it is your duty to assume that we are innocent. And yet, as a matter of fact, the burden of proof has been laid upon us. We had to bring witnesses. 陪审团的先生们,你们会从法官那里被告知,我相信,当你们作出裁决时,你们必须在合理怀疑之外确信;你们不能假定我们在被证明有罪之前就是有罪的;你们有责任假定我们是无辜的。然而,事实上,举证责任已经落在了我们身上。我们不得不传召证人。
If we had had time we could have brought fifty more witnesses, each corroborating the others. Some of those people have no relation with us. Some are writers, poets, contributors to the most conventional magazines. Is it likely that they would swear to something in our favor if it were not the truth? Therefore I insist, as did my co-defendant Alexander Berkman, that the prosecution has made a very poor showing in proving the conspiracy or any overt act. 如果我们有时间,我们本可以再传五十多位证人,每一位都互相印证。其中一些人与我们没有关系。有些是作家、诗人,为最传统的杂志撰稿。如果这不是事实,他们有可能会发誓支持我们吗?因此,我像我的共同被告亚历山大·伯克曼一样坚持认为,控方在证明阴谋或任何公开行为方面表现得非常糟糕。
Gentlemen of the jury, we have been in public life for twenty-seven years. We have been haled into court, in and out of season -- we have never denied our position. Even the police know that Emma Goldman and Alexander Berkman are not shirkers. You have had occasion during this trial to convince yourselves that we do not deny. 陪审团的先生们,我们已经从事公共生活二十七年了。我们一直被带上法庭,不分四季——我们从未否认过我们的立场。甚至警察都知道爱玛·高德曼和亚历山大·伯克曼不是逃避者。你们在这次审判中有机会确信我们不会否认。
We have gladly and proudly claimed responsibility, not only for what we ourselves have said and written, but even for things written by others and with which we did not agree. Is it plausible, then, that we would go through the ordeal, trouble and expense of a lengthy trial to escape responsibility in this instance? A thousand times no! But we refuse to be tried on a trumped-up charge, or to be convicted by perjured testimony, merely because we are Anarchists and hated by the class whom we have openly fought for many years. 我们欣然并自豪地承担责任,不仅对我们自己所说和所写的内容,而且甚至对别人写的、我们并不完全同意的内容。那么,我们有可能为了逃避责任而经历一场漫长审判的考验、麻烦和费用吗?绝无可能!但我们拒绝被以捏造的罪名审判,或被伪证定罪,仅仅因为我们是无政府主义者,并且多年来一直公开与统治阶级斗争而被他们所仇恨。
Gentlemen, during our examination of talesmen, when we asked whether you would be prejudiced against us if it were proven that we propagated ideas and opinions contrary to those held by the majority, you were instructed by the Court to say, "If they are within the law." 先生们,在我们对陪审员的审查中,当我们问你们,如果证明我们宣扬了与大多数人持有的观点相反的思想和意见,你们是否会对我们有偏见时,你们被法官指示说,"如果它们在法律范围内。"
But what the Court did not tell you is, that no new faith -- not even the most humane and peaceable -- has ever been considered "within the law" by those who were in power. The history of human growth is at the same time the history of every new idea heralding the approach of a brighter dawn, and the brighter dawn has always been considered illegal, outside of the law. 但法官没有告诉你们的是,没有任何新的信仰——即使是最人道与和平的——曾经被当权者认为是"在法律范围内"。人类成长的历史同时也是每一个宣告更光明黎明到来的新思想的历史,而更光明的黎明总是被认为是非法的,在法律之外的。
Gentlemen of the jury, most of you, I take it, are believers in the teachings of Jesus. Bear in mind that he was put to death by those who considered his views as being against the law. I also take it that you are proud of you Americanism. 陪审团的先生们,你们中的大多数人,我猜想,相信耶稣的教导。请记住,他被那些认为他的观点违反法律的人处死了。我还猜想,你们为你们的美国主义感到自豪。
Remember that those who fought and bled for your liberties were in their time considered as being against the law, as dangerous disturbers and trouble-makers. They not only preached violence, but they carried out their ideas by throwing tea into the Boston harbor. They said that "Resistance to tyranny is obedience to God." 请记住,那些为你们的自由而战并流血的人,在他们的时代被认为是违反法律的,是危险的捣乱分子和滋事者。他们不仅宣扬暴力,还通过将茶叶投入波士顿港来实现他们的思想。他们说"抵抗暴政就是服从上帝。"
They wrote a dangerous document called the Declaration of Independence. A document which continues to be dangerous to this day, and for the circulation of which a young man was sentenced to ninety days prison in a New Your Court, only the other day. They were the Anarchists of their time -- they were never within the law. 他们写了一份危险的文件,叫做《独立宣言》。这份文件至今仍然是危险的,就在前几天,一个年轻人因为传阅它而在纽约一家法院被判入狱九十天。他们是他们那个时代的无政府主义者——他们从来都不在法律范围内。
Your Government is allied with the French Republic. Need I call you attention to the historic fact that the great upheaval in France was brought about by extra-legal means? 你们的政府与法兰西共和国结盟。我需要提请你们注意法国大革命是通过法律之外的手段实现的这一历史事实吗?
The Dantes, the Robespieres, the Marats, the Herberts, aye even the man who is responsible for the most stirring revolutionary music, the Marseillaise (which unfortunately has deteriorated into a war tune) even Camille Desmoulins, were never within the law. 但丁、罗伯斯庇尔、马拉、埃贝尔们,甚至那个创作了最激动人心的革命音乐《马赛曲》的人(不幸的是,它已经沦为一首战争歌曲)——甚至卡米尔·德穆兰——都从来不在法律范围内。
But for those great pioneers and rebels, France would have continued under the yoke of the idle Louis XVI., to whom the sport of shooting jack rabbits was more important than the destiny of the people of France. 要不是那些伟大的先驱和叛逆者,法国会继续在无所事事的路易十六的枷锁下,对他来说,射击野兔比法国人民的命运更重要。
Ah, gentlemen, on the very day when we were being tried for conspiracy and overt acts, your city officials and representatives welcomed with music and festivities the Russian Commission. 啊,先生们,就在我们因阴谋和公开行为受审的那一天,你们的城市官员和代表们用音乐和庆典欢迎了俄罗斯委员会。
Are you aware of the fact that nearly all of the members of that Commission have only recently been released from exile? The ideas they propagated were never within the law. For nearly a hundred years, from 1825 to 1917, the Tree of Liberty in Russia was watered by the blood of her martyrs. No greater heroism, no nobler lives had ever been dedicated to humanity. Not one of them worked within the law. 你们是否意识到,该委员会的几乎所有成员最近才从流放中获释?他们宣扬的思想从来都不在法律范围内。近一百年来,从1825年到1917年,俄罗斯的自由之树是用她的烈士的鲜血浇灌的。没有比他们更伟大的英雄主义,没有比他们更高尚的生命献给人类。他们中没有一个人在法律范围内工作。
I could continue to enumerate almost endlessly the hosts of men and women in every land and in every period whose ideas and ideals redeemed the world because they were not within the law. 我可以继续几乎无止境地列举每个国家和每个时期的男女,他们的思想和理想因为不在法律范围内而拯救了世界。
Never can a new idea move within the law. It matters not whether that idea pertains to political and social changes or to any other domain of human thought and expression -- to science, literature, music; in fact, everything that makes for freedom and joy and beauty must refuse to move within the law. 一个新的思想永远不能在法律范围内运动。无论这个思想涉及政治和社会变革,还是人类思想和表达的任何其他领域——科学、文学、音乐;事实上,一切使自由、欢乐和美的东西都必须拒绝在法律范围内运动。
How can it be otherwise? The law is stationary, fixed, mechanical, "a chariot wheel" which grinds all alike without regard to time, place and condition, without ever taking into account cause and effect, without ever going into the complexity of the human soul. 怎么可能不是这样呢?法律是静止的、固定的、机械的,"一辆战车的轮子",它不顾时间、地点和条件,不顾因果关系,不深入人类灵魂的复杂性,把一切都碾得粉碎。
Progress knows nothing of fixity. It cannot be pressed into a definite mould. It cannot bow to the dictum, "I have ruled," "I am the regulating finger of God." Progress is ever renewing, ever becoming, ever changing -- never is it within the law. 进步不知道什么是固定性。它不能被压成一个确定的模子。它不能向训令低头:"我已经统治了","我是上帝的调节之手。"进步永远在更新,永远在变化,永远在变易——它永远不在法律范围内。
If that be crime, we are criminals even like Jesus, Socrates, Galileo, Bruno, John Brown and scores of others. We are in good company, among those whom Havelock Ellis, the greatest living psychologist, describes as the political criminals recognized by the whole civilized world, except America, as men and women who out of deep love for humanity, out of a passionate reverence for liberty and an all-absorbing devotion to an ideal are ready to pay for their faith even with their blood. 如果那是犯罪,我们就是像耶稣、苏格拉底、伽利略、布鲁诺、约翰·布朗以及其他许多人一样的罪犯。我们与那些人在一起是很好的同伴,最伟大的在世心理学家哈夫洛克·埃利斯把那些人描述为政治罪犯,整个文明世界都承认他们,除了美国——他们是出于对人类的深爱,出于对自由的热烈崇敬和对理想的全身心奉献,准备为他们的信仰甚至付出生命的男女。
We cannot do otherwise if we are to be true to ourselves -- we know that the political criminal is the precursor of human progress -- the political criminal of today must needs be the hero, the martyr and the saint of the new age. 我们不能不这样做,如果我们要忠于自己——我们知道政治罪犯是人类进步的先驱——今天的政治罪犯必须成为新时代的英雄、烈士和圣徒。
But, says the Prosecuting Attorney, the press and the unthinking rabble, in high and low station, "that is a dangerous doctrine and unpatriotic at this time." No doubt it is. But are we to be held responsible for something which is as unchangeable and unalienable as the very stars hanging in the heavens unto time and all eternity? 但是,公诉人、新闻界和不明真相的乌合之众,无论在高位还是低位,都说:"这在这个时候是危险的学说和不爱国的。"毫无疑问是的。但我们要为那些像挂在天上的星辰一样不可改变、不可剥夺直到时间和永恒的东西负责吗?
Gentlemen to the jury, we respect your patriotism. We would not, if we could, have you change its meaning for yourself. But may there not be different kinds of patriotism as there are different kinds of liberty? 陪审团的先生们,我们尊重你们的爱国主义。如果我们能做到的话,我们不会让你们改变它对自己的意义。但是,是否可能存在不同种类的爱国主义,就像存在不同种类的自由一样?
I for one cannot believe that love of one's country must needs consist in blindness to its social faults, to deafness to its social discords, of inarticulation to its social wrongs. Neither can I believe that the mere accident of birth in a certain country or the mere scrap of a citizen's paper constitutes the love of country. 我个人无法相信,爱自己的国家必须包括对其社会弊病视而不见,对其社会冲突充耳不闻,对其社会不公哑口无言。我也无法相信,仅仅是在某个国家出生的偶然事件,或仅仅是一张公民纸,就构成了对国家的爱。
I know many people -- I am one of them -- who were not born here, nor have the applied for citizenship, and who yet love America with deeper passion and greater intensity that many natives whose patriotism manifests itself by pulling, kicking, and insulting those who do not rise when the national anthem is played. 我认识许多人——我就是其中之一——他们不是在这里出生的,也没有申请公民身份,但他们对美国的热爱比许多本地人更深刻、更热烈,那些人的爱国主义表现为拉扯、踢打和侮辱那些在奏国歌时不起立的人。
Our patriotism is that of the man who loves a woman with open eyes. He is enchanted by her beauty, yet he sees her faults. So we, too, who know America, love her beauty, her richness, her great possibilities; we love her mountains, her canyons, her forests, her Niagara, and her deserts -- above all do we love the people that have produced her wealth, her artists who have created beauty, her great apostles who dream and work for liberty -- but with the same passionate emotion we hate her superficiality, her cant, her corruption, her mad, unscrupulous worship at the alter of the Golden Calf. 我们的爱国主义是那种睁着眼睛爱一个女人的男人的爱国主义。他被她的美丽迷住,但他也看到她的缺点。所以我们也是这样认识美国的:我们爱她的美丽、她的财富、她的伟大的可能性;我们爱她的山脉、她的峡谷、她的森林、她的尼亚加拉和她的沙漠——最重要的是,我们爱那些创造了她财富的人民,创造了美的艺术家,梦想并为自由而工作的伟大使徒——但我们也以同样的热情憎恶她的肤浅、她的虚伪、她的腐败、她疯狂、肆无忌惮地崇拜金牛犊的祭坛。
We say that if America has entered the war to make the world safe for democracy, she must first make democracy safe in America. How else is the world to take America seriously, when democracy at home is daily being outrages, free speech suppressed, peaceable assemblies broken up by overbearing and brutal gangsters in uniform; when free press is curtailed and every independent opinion gagged. Verily, poor as we are in democracy, how can we give of it to the world? 我们说,如果美国参战是为了让世界为民主而安全,她必须首先让美国国内的民主安全。否则,世界怎么能认真对待美国呢?当国内的民主每天都在被践踏,言论自由被压制,和平集会被穿制服的专横残忍的流氓破坏;当新闻自由被限制,每一个独立的意见都被钳制。诚然,我们在民主方面是如此贫乏,怎么能把它给予世界呢?
We further say that a democracy conceived in the military servitude of the masses, in their economic enslavement, and nurtured in their tears and blood, is not democracy at all. It is despotism -- the cumulative result of a chain of abuses which, according to the dangerous document, the Declaration of Independence, the people have the right to overthrow. 我们进一步说,一个在群众的军事奴役中、在他们的经济奴役中孕育,并在他们的眼泪和鲜血中滋养的民主,根本不是民主。它是专制——是一系列滥用权力的累积结果,根据那份危险的文件《独立宣言》,人民有权推翻它。
The District Attorney has dragged in our Manifesto, and he has emphasized the passage, "Resist conscription." Gentlemen of the jury, please remember that that is not the charge against us. 地区检察官曾把我们的《宣言》扯进来,并强调其中的段落:"抵制征兵。"陪审团的先生们,请记住,那不是对我们的指控。
But admitting that the Manifesto contains the expression, "Resist conscription," may I ask you, is there only one kind of resistance? Is there only the resistance which means the gun, the bayonet, the bomb or flying machine? Is there not another kind of resistance? 但是,承认《宣言》包含了"抵制征兵"的表述,我请问你们,是否只有一种抵抗?是否只有意味着枪、刺刀、炸弹或飞行器的那种抵抗?是否没有另一种抵抗?
May not the people simply fold their hands and declare, "We will not fight when we do not believe in the necessity of war"? May not the people who believe in the repeal of the Conscription Law, because it is unconstitutional, express their opposition in word and by pen, in meetings and in other ways? 人民能否仅仅双手交叉,宣布:"当我们不相信战争的必要性时,我们不会战斗"?那些相信征兵法应该被废除的人,因为它违反宪法,能否用言语和笔、在会议上和以其他方式表达他们的反对?
What right has the District Attorney to interpret that particular passage to suit himself? Moreover, gentlemen of the jury, I insist that the indictment against us does not refer to conscription. We are charged with a conspiracy against registration. And in no way or manner has the prosecution proven that we are guilty of conspiracy or that we have committed an overt act. 地区检察官有什么权利为自己的目的解释那段特定的文字?此外,陪审团的先生们,我坚持认为,对我们的起诉书不涉及征兵。我们被指控的是阴谋反对登记。控方没有以任何方式或形式证明我们犯有阴谋罪或我们犯下了公开行为。
Gentlemen of the jury, you are not called upon to accept our views, to approve of them or to justify them. You are not even called upon to decide whether our views are within or against the law. You are called upon to decide whether the prosecution has proven that the defendants Emma Goldman and Alexander Berkman have conspired to urge people not to register. And whether their speeches and writings represent overt acts. 陪审团的先生们,你们不需要接受我们的观点,也不需要赞同或证明它们。你们甚至不需要决定我们的观点是否在法律范围内或违反法律。你们需要决定的是,控方是否证明了被告爱玛·高德曼和亚历山大·伯克曼密谋敦促人们不要登记。以及他们的演讲和著作是否代表公开行为。
Whatever you verdict, gentlemen, it cannot possibly affect the rising tide of discontent in this country against war which, despite all boasts, is a war for conquest and military power. Neither can it affect the ever increasing opposition to conscription which is a military and industrial yoke placed upon the necks of the American people. Least of all will your verdict affect those to whom human life is sacred, and who will not become a party to the world slaughter. 无论你们的裁决是什么,先生们,它不可能影响这个国家反对战争的日益高涨的不满浪潮,尽管有人夸口,这是一场为了征服和军事力量的战争。它也不能影响日益增长的反对征兵的运动,征兵是套在美国人民脖子上的军事和工业枷锁。至少,你们的裁决不会影响那些认为人类生命是神圣的、不会成为世界屠杀一方的人。
Your verdict can only add to the opinion of the world as to whether or not justice and liberty are a living force in this country or a mere shadow of the past. 你们的裁决只能增加世界对这个问题的看法:正义和自由在这个国家是活生生的力量,还是仅仅是过去的影子?
Your verdict may, of course, affect us temporarily, in a physical sense -- it can have no effect whatever upon our spirit. For even if we were convicted and found guilty and the penalty were that we be placed against a wall and shot dead, I should nevertheless cry out with the great Luther: "Here I am and her I stand and I cannot do otherwise." 你们的裁决当然可以在肉体上暂时影响我们——它对我们的精神没有任何影响。因为即使我们被定罪并被判有罪,刑罚是我们被靠墙站着枪毙,我仍然会用伟大的路德的话呼喊:"我在这里,我站在这里,我别无选择。"
And gentlemen, in conclusion let me tell you that my co-defendant, Mr. Berkman, was right when he said the eyes of America are upon you. They are upon you not because of sympathy for us or agreement with Anarchism. They are upon you because it must decided sooner or later whether we are justified in telling people that we will give the democracy in Europe, when we have no democracy here? 先生们,最后让我告诉你们,我的共同被告伯克曼先生说得对,美国的目光都在注视着你们。他们注视着你们,不是因为同情我们或同意无政府主义。他们注视着你们,是因为必须决定迟早我们是否有理由告诉人们我们将在欧洲给予民主,而我们在这里没有民主?
Shall free speech and free assemblage, shall criticism and opinion -- which even the espionage bill did not include -- be destroyed? Shall it be a shadow of the past, the great historic American past? Shall it be trampled underfoot by any detective, or policeman, anyone who decides upon it? Or shall free speech and free press and free assemblage continue to be the heritage of the American people? 言论自由和自由集会,批评和意见——甚至间谍法案都没有包括的——是否要被摧毁?它是否要成为过去的影子,伟大的历史性美国的过去?它是否要被任何侦探或警察,任何决定它的人踩在脚下?还是言论自由、新闻自由和集会自由将继续是美国人民的遗产?
Gentlemen of the jury, whatever you verdict will be, as far as we are concerned, nothing will be changed. I have held ideas all my life. I have publicly held my ideas for twenty-seven years. Nothing on earth would ever make me change my ideas except one thing; and that is, if you will prove to me that our position is wrong, untenable, or lacking in historic fact. But never would I change my ideas because I am found guilty. 陪审团的先生们,无论你们的裁决是什么,就我们而言,什么都不会改变。我一生都持有某些思想。我公开地坚持我的思想已经二十七年了。没有任何东西能让我改变我的思想,除了一件事;那就是,如果你们能证明我们的立场是错误的、站不住脚的,或缺乏历史事实。但我永远不会因为被认定有罪而改变我的思想。
I may remind you of two great Americans, undoubtedly not unknown to you, gentlemen of the jury; Ralph Waldo Emerson and Henry David Thoreau. When Thoreau was placed in prison for refusing to pay taxes, he was visited by Ralph Waldo Emerson and Emerson said: "David, what are you doing in jail?" and Thoreau replied: "Ralph, what are you doing outside, when honest people are in jail for their ideals?" 我可以提醒你们两位伟大的美国人,陪审团的先生们,你们无疑知道他们:拉尔夫·沃尔多·爱默生和亨利·戴维·梭罗。当梭罗因拒绝纳税而被投入监狱时,拉尔夫·沃尔多·爱默生来探望他,爱默生说:"戴维,你在监狱里做什么?"梭罗回答说:"拉尔夫,你在外面做什么,当诚实的人因为他们的理想而在监狱里的时候?"
Gentlemen of the jury, I do not wish to influence you. I do not wish to appeal to you passions. I do not wish to influence you by the fact that I am a woman. I have no such desires and no such designs. I take it that you are sincere enough and honest enough and brave enough to render a verdict according to you convictions, beyond the shadow of a reasonable doubt. 陪审团的先生们,我不想影响你们。我不想诉诸你们的情感。我不想因为我是一个女人而影响你们。我没有这样的欲望和意图。我相信你们足够真诚、足够诚实、足够勇敢,能根据你们的信念作出裁决,排除合理怀疑。
Please forget that we are Anarchists. Forget that it is claimed that we propagated violence. Forget that something appeared in MOTHER EARTH when I was thousands of miles away, three years ago. Forget all that, and merely consider the evidence. Have we been engaged in a conspiracy? has that conspiracy been proven? have we committed overt acts? have those overt acts been proven? We for the defense say they have not been proven. And therefore your verdict must be not guilty. 请忘记我们是无政府主义者。忘记我们被指控宣扬暴力。忘记我在三千英里之外时,三年前《大地》上出现了什么。忘记所有那些,只考虑证据。我们是否参与了阴谋?那个阴谋是否被证明了?我们是否犯下了公开行为?那些公开行为是否被证明了?我们辩方说它们没有被证明。因此,你们的裁决必须是无罪。
But whatever your decision, the struggle must go on. We are but the atoms in the incessant human struggle towards the light that shines in the darkness -- the Ideal of economic, political and spiritual liberation of mankind! 但无论你们的决定是什么,这场斗争必须继续。我们只是在人类向着黑暗中闪耀的光明——经济、政治和精神解放人类的理想——进行的不懈斗争中的原子!